Shiomi v SSA, 1973-1989
Nationality clause nullification not retroactive for disability benefits
By William Wetherall
First posted 1 July 2009
Last updated 21 June 2014
Overview
Origins
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Ruling
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Chronology
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Quality of opinions
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Quality of translations
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Sources, presentation, commentary
Judgment
Particulars
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Findings
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Summary
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Relevant laws
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Main text
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Justices
Overview of Shiomi v SSA, 1973-1989
Forthcoming.
Origins of case
Forthcoming.
Ruling in case
Forthcoming.
Chronology of case
Forthcoming.
Quality of opinions
Forthcoming.
Quality of translations
Forthcoming.
Sources, presentation, and commentary
Received Japanese text of ruling
Forthcoming.
Received English translation
Forthcoming.
Structural English translation
Because parts of the received translation do not accurately reflect the finer details and texture of the language of the Japanese ruling, I have occasionally shown structural translations of parts that are of special interest to me.
Formatting, commentary, and markup
I have divided the judgment into sections, and have somewhat reformatted the received texts and highlighted some words and phrases to facilitate analysis and commentary.
Underscoring
All underscoring in the text of the judgment is as received. Unless otherwise noted, the underscoring of corresponding parts of the received translation is mine. All underscoring in my own commentary is, of course, also mine.
Parentheses
Unless otherwise noted, all (parentheses) in the received text and translation are as received.
Square and angle brackets
All in-line [square brackets] and <angle brackets> -- and everything enclosed in such brackets -- are mine.
Structural translations and commentary
My own closer (structural) translations are generally shown in blue in cells below the received judgment and received translation. At times I have shown closer translations of words or short phrases in-line, between right and left → arrows ← following the amended text.
Editorial [clarifications] are shown in-line. Brief comments are sometimes boxed in the cells of the texts they relate to. Extended comments are generally shown in cells below the relevant texts.
Color highlighting
The received texts of the judgment and translation, and my own commentary, are shown in black. However, to facilitate commentary on the language of the ruling and/or its translation, I have highlighted specific words and phrases in various colors according to the following scheme, which includes in-line editorial clarifications and corrections.
| Color | Original | Translation |
| Background highlighting | ||
| Blue | Corresponding parts of two or more texts selected for comparison | |
| Yellow | Content added to received text to reconstruct a missing part | |
| Pink | Transcription or scanning errors parenthetically corrected in-line (sic = in-line) | |
| Graphic highlighting | ||
| Blue | [ Clarification ] (in-line) | [ Clarification ] (in-line) |
| → My closer translation ← (in-line) My closer translation (boxed) |
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| Green | Presumed true and correct copy of the language of the original text | May be too free and a bit off key but represents all elements or original |
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国籍法 韓国 |
Nationality Law Nationality Act (unconventional) Law / Act of Nationality (unconventional) Korea (if "Empire of Korea" 1897-1910) |
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| Purple | Problematic phrasing or usage in the language of the original text | Imprecise or awkward, incomplete or embellished, or otherwise inadequate |
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国籍 韓国 朝鮮 内地 |
Citizenship → Nationality (as legal status) Korea → Republic of Korea (since 1948) Korea → Chōsen (as territory 1910-1952) Japan Proper → Interior (as territory) |
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| Red | Incorrect phrasing or usage ※ | Misleading or incorrect |
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放棄する 離脱する 朝鮮 |
renounce → abandon, relinquish renounce, separate from Korea → Chōsen (as territory) |
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| Cyan | ※ When original is incorrect | Mistranslation is more correct than original |
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日本と朝鮮との併合 ※ |
the annexation of Korea by Japan → the union of Japan and Chōsen |
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※ The example of incorrect 朝鮮 (Chōsen) being mistranslated Korea (韓国 Kankoku), thus "accidentally" correcting the usage in the judgement, can be seen in Kanda v. State 1961. 1. While 朝鮮 (Chōsen) in the judgment is factually incorrect, the correct translation is "Chōsen" because that is what the original text says. Because the translators conflate "Chōsen" (朝鮮) with "Korea" (韓国 Kankoku), they habitually translate "Chōsen" as "Korea" -- which constitutes a "mistranslation" that in effect accidentally "corrects" the factual error in the original -- i.e., a double negative becomes a positive. But two wrongs don't make a right. Translators are not supposed to "edit" the content of legal briefs. They might flag a problematic expression for comment in a footnote, but the translation itself should be faithful to the original. 2. Note that where the judgment precisely paraphrases the phrasal logic of the expression "Nik-Kan heigō" (日韓併合) [Japan-Korea union] as "X to Y to no heigō" (ＸとＹとの併合) [the union between X and Y], the received translation incorrectly represents the syntactic logic of the paraphrase as "the annexation of Y by X" -- which constitutes an interpretation of the effects of the union, not its formal description in Japanese law -- which I underscore, because the court is making a legal, not political, argument. Historiographic "opinion" external to received text of the original judgment, and its attempt to deal with the letter and operation of Japanese law is irrelevant. A translator might say that the past is past. Treaties, laws, and ordinances of the past -- though no longer enforced -- may continue to have effect in court reviews of what I call "legacy" cases, which involve status actions in the past. |
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Forthcoming.
| 判示事項 | Findings |
| Received Japanese text | Received English translation |
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Structural translationForthcoming. CommentaryForthcoming. |
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| 裁判要旨 | Summary of the judgment |
| Received Japanese text | Received English translation |
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| 参照法条 | Relevant laws |
| Received Japanese text | Received English translation |
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Forthcoming. |
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| 主文 | Main text of the judgment |
| Received Japanese text | Received English translation |
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Forthcoming. |
Forthcoming. |
| 理由 | Reasons |
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Forthcoming. |
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Forthcoming. |
Structural translationForthcoming. |
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| Justices | |
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Forthcoming. |